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  #1  
Unread 08-03-2002, 10:37 AM
DIRECTOR
 
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Default MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

I AM THE DIRECTOR OF A SMALL (3.5 EMPLOYEES)NOT FOR PROFIT AGENCY IN INDIANA. WE DO HAVE A PERSONNEL POLICY MANUAL BUT IT DOES NOT COVER EVERY SITUATION THAT I HAVE HAD WITH ONE EMPLOYEE. IF THERE IS A LOOPHOLE IN THE POLICIES SHE WILL JUMP THROUGH IT. I AM CURRENTLY DEALING WITH HER ON TWO AREAS OF CONCERN THAT ARE NOT COVERED IN OUR POLICY MANUAL.

ONE PROGRAM WE OPERATE IS A TRANSITIONAL HOUSING PROGRAM FOR WOMEN AND CHILDREN WHO ARE HOMELESS DUE TO DOMESTIC VIOLENCE. THE ACTUAL LOCATION OF THE FACILITY, BASED ON OUR POLICY, HAS TO REMAIN CONFIDENTIAL. HOWEVER, OUR PUBLIC SERVICE OFFICES ARE LOCATED ON THE SAME PREMISES. I HAVE TALKED WITH THIS EMPLOYEE IN THE PAST ABOUT HER DESIRE TO HAVE A "RUMMAGE SALE" TO SELL OUR ORGANIZATIONS SURPLUS ITEMS. SHE WAS TOLD AT THE TIME THAT I DID NOT FEEL COMFORTABLE DOING THAT BECAUSE IT WOULD BRING MANY PEOPLE FROM THE PUBLIC ON THE PREMISES WHO MIGHT RECOGNIZE A PERSON RESIDING IN OUR HOUSING PROGRAM OR A VEHICLE BELONGING TO A RESIDENT.

ON SATURDAY (OUR OFFICES ARE OPEN M-F) MY HUSBAND WENT INTO THE OFFICE TO REPAIR A TELEPHONE LINE. HE CAME HOME AND TOLD ME THAT THIS EMPLOYEE WAS HOLDING A RUMMAGE SALE (HER PERSONAL ITEMS, NOT THE CORPORATIONS) IN OUR PARKING LOT. SHE HAD ENTERED THE BUILDING AND WAS USING TABLES AND FURNISHINGS FROM OUR OFFICE. SHE HAD NOT ASKED PERMISSION TO DO THIS OR MENTIONED HER PLANS TO HAVE A RUMMAGE SALE ON OUR PREMISES. I IMMEDIATELY DROVE TO THE OFFICE AND SAW SIGNS ON POLES ABOUT A RUMMAGE SALE AT OUR ADDRESS. WHEN I GOT TO THE OFFICE I ASKED HER WHAT SHE THOUGHT SHE WAS DOING! HER RESPONSE WAS " I DIDN'T THINK YOU WOULD CARE IF I HAD A RUMMAGE SALE". I TOLD THE EMPLOYEE THAT SHE HAD ALREADY BEEN TOLD HOW I FELT ABOUT HAVING A RUMMAGE SALE ON THE PREMISES AND THAT SHE WAS TO PACK UP AND REMOVE THE SALE IMMEDIATELY. SHE MOVED THE SALE TO HER YARD (WHICH IS ADJACENT TO OUR OFFICE).

ON TWO OTHER OCCASSIONS SHE HAS "BORROWED" ITEMS FROM THE OFFICE WITHOUT ASKING PERMISSION; ONCE WAS A VCR AND THE SECOND TIME WAS A PUNCH BOWL. NOT MAJOR ITEMS BUT THEY ARE NOT HER BELONGINGS. SHE WAS TOLD BOTH TIMES THAT SHE NEEDED TO ASK PERMISSION BEFORE REMOVING PROPERTY FROM THE PREMISES. I DID NOT WRITE A DISCIPLINARY REPORT.

SINCE SHE HAS BEEN VERBALLY TOLD TWICE NOT TO REMOVE ITEMS FROM THE OFFICE AND SHE KNOWS THE CONFIDENTIALITY RULES FOR THE HOUSING PROGRAM DO HER ACTIONS JUSTIFY TERMINATION?

I WOULD APPRECIATE ANY FEEDBACK.
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  #2  
Unread 08-05-2002, 12:46 AM
Rockie
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

Since you had already told this employee your feelings on holding a rummage sale and the confidentiality problems you were concerned with causing your clients, I feel she breached your trust and the trust of your clients. I believe this would be grounds for termination.

It is very interesting that she lives next door to the facility but "chose" to have a rummage sale on company property after being specifically told not to.

The items she "borrowed", I assume she returned. Even just borrowing after you told her not to do is seems to be another example of "I'll show her!"

I don't believe you will have anything but trouble from this employee. I would cut her loose while I had a good, solid reason for doing so.


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  #3  
Unread 08-05-2002, 01:33 AM
Margaret Morford
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

Be sure you document the reason for termination correctly. She was not insubordinate. She has failed to follow directions, ignored the instructions of her manager, borrowed equiptment without permission, used the company premises for personal gain, etc. All are legimate reasons to terminate. However, she has never said to your face, "I won't do X." or "I'm going to do X anyway." That's insubordination. If the documentation doesn't match what really happened, it will look like you're trying to get rid of her for some other reason than performance.

Also, if she has a key to the place, get the locks changed!

Margaret Morford
theHRedge
615-371-8200
mmorford@mleesmith.com
http://www.thehredge.net
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  #4  
Unread 08-05-2002, 01:45 AM
jpepler
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

I would terminate her immediately for breaching the residents' confidence and jeapordizing their safety. I would not mention the "borrowing" of company property. Even though it's annoying and disrespectful, I wouldn't include it in the disciplinary action.
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  #5  
Unread 08-05-2002, 02:28 AM
Don D
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

x}> Devil's Advocate here. Your post did not comment on her value to the company or how well she does or does not do her job and how well, or if at all, the residents respect and benefit from her presence. At best she is guilty of some bizarre bad judgement. If she's worth saving at all, she needs some very quick and direct instruction on what a thin thread she hangs by. If she does have limited, or no, value to the organization's goals, termination sounds appropriate.
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  #6  
Unread 08-05-2002, 03:44 AM
HS
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

The advice so far is on target...

One thing though, you mentioned that you didn't fill out a disciplinary report. Do you have any other documentation for the times she's been spoken to? A memo to file, a work diary, etc.? If not, you'll have a hard time if she files a complaint saying that she's never been disciplined. If you don't have the documentation to back up your claim to fire her, you'll have a lot of problems proving it. Also, you don't want to scramble now to stuff her file full of these notes. If you don't have anything written, start now and mention in the write-up that we've spoken on several occaisions (list dates where you remember specific instances), and tell her further violations of company rules will lead to further disciplinary action up to and including termination if immediate results are not shown.

Let us know how it goes.
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  #7  
Unread 08-06-2002, 12:40 PM
Carol CA
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

Some actions by their very nature deserve immediate termination. Holding the rummage sale after you specifically told her you didn't want to do this as it would jeopardize your clients I think is sufficient grounds for termination. If you lose the trust of your clients, you lose your business. You explained to her your concerns that someone might recognize a client or their car, but she ignored you and went ahead with her plans anyway. Don't wait for more documentation, but strike now while the iron is hot!

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  #8  
Unread 08-06-2002, 03:56 PM
DIRECTOR
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

[font size="1" color="#FF0000"]LAST EDITED ON 08-06-02 AT 10:00PM (CST)[/font][p]THANK YOU SO MUCH FOR YOUR RESPONSE TO MY INQUIRY. I DID STATE THAT I DID NOT COMPLETE A DISCIPLIANARY REPORT ON THE OTHER TWO TIMES SHE HAD "BORROWED" COMPANY PROPERTY BUT I DO HAVE SEVERAL NOTES IN HER FILE OF OTHER PROBLEMS I HAVE HAD WITH HER. I LOVE MY JOB BUT THE "SUPERVISORY" ROLE IS ONE THAT I DO NOT HAVE MUCH EXPERIENCE IN. I STARTED THE ORGANIZATION 8 YEARS AGO WITH ME AND A 12 HOUR PER WEEK ADMINISTRATIVE ASSISTANT. I HIRED PEOPLE WHO HAD GOOD QUALIFICATIONS FOR THEIR JOBS AND EXPECTED THEM TO BE ADULTS AND ACTUALLY DO THEIR JOBS!!! I GUESS THAT WAS A LITTLE NIAVE!!
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  #9  
Unread 08-07-2002, 04:22 AM
arodriguez
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

I COMPLETELY AGREE! Sometimes we HR people get so hung up on documentation that we forget that there are situations where IMMEDIATE TERMINATION is warranted and necessary. This situation, in my opinion, warrants IMMEDIATE termination as this woman put not only the confidential nature of this housing in jeopardy, but also the safety of the clients AND the safety of her co-workers.


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  #10  
Unread 08-07-2002, 04:36 AM
Gillian
 
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Default RE: MISCONDUCT OR INSUBORDINATION?? DOES IT DESERVE TERMINATION?

I agree with Carol and arodriguez. The safety of the clients are the bottom line.
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